For fiscal year 1997 and each fiscal year thereafter, appropriations made for the Bureau of Land Management including appropriations for the Wildland Fire Management account allocated to the National Park Service, Fish and Wildlife Service, and Bureau of Indian Affairs may be used by the Secretary of the Interior for the purpose of entering into cooperative agreements with the heads of other Federal agencies, tribal, State, and local governments, private and nonprofit entities, and landowners for the protection, restoration, and enhancement of fish and wildlife habitat and other resources on public or private land and the reduction of risk from natural disaster where public safety is threatened that benefit these resources on public lands within the watershed.

(b) Direct and indirect watershed agreements

The Secretary of the Interior may enter into a watershed restoration and enhancement agreement—

(1)directly with a willing private landowner; or

(2)indirectly through an agreement with a state, local, or tribal government or other public entity, educational institution, or private nonprofit organization.

(c) Terms and conditions

In order for the Secretary to enter into a watershed restoration and enhancement agreement—

(1)the agreement shall—

(A)include such terms and conditions mutually agreed to by the Secretary and the landowner;

(B)improve the viability of and otherwise benefit the fish, wildlife, and other biotic resources on public land in the watershed;

(C)authorize the provision of technical assistance by the Secretary in the planning of management activities that will further the purposes of the agreement;

(D)provide for the sharing of costs of implementing the agreement among the Federal government,[1] the landowner, and other entities, as mutually agreed on by the affected interests; and

(E)ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to be in the public interest; and

(2)the Secretary may require such other terms and conditions as are necessary to protect the public investment on private lands, provided such terms and conditions are mutually agreed to by the Secretary and the landowner.

Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1997, and also as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of the Watershed Protection and Flood Prevention Act which comprises this chapter.

Amendments

2003—Subsec. (a). Pub. L. 108–7inserted “including appropriations for the Wildland Fire Management account allocated to the National Park Service, Fish and Wildlife Service, and Bureau of Indian Affairs” after “appropriations made for the Bureau of Land Management”.

1998—Subsec. (a). Pub. L. 105–277substituted “with the heads of other Federal agencies, tribal, State, and local governments, private and nonprofit entities, and landowners for the protection, restoration, and enhancement of fish and wildlife habitat and other resources on public or private land and the reduction of risk from natural disaster where public safety is threatened” for “with willing private landowners for restoration and enhancement of fish, wildlife, and other biotic resources on public or private land or both”.

“(a) Use of State Forest Service.—The Secretary of Agriculture, via cooperative agreement or contract (including sole source contract) as appropriate, may permit the head of a State agency with jurisdiction over State forestry programs in a State containing National Forest System land (in this section referred to as a ‘State Forester’) to perform watershed restoration and protection services on National Forest System lands in the State when similar and complementary watershed restoration and protection services are being performed by the State Forest Service on adjacent State or private lands. The types of services that may be extended to National Forest System lands include treatment of insect infected trees, reduction of hazardous fuels, and other activities to restore or improve watersheds or fish and wildlife habitat across ownership boundaries.

“(b) State as Agent.—Except as provided in subsection (c), a cooperative agreement or contract under subsection (a) may authorize the State Forester to serve as the agent for the Forest Service in providing all services necessary to facilitate the performance of watershed restoration and protection services under subsection (a). The services to be performed by a State Forester may be conducted with subcontracts utilizing State contract procedures. Subsections (d) and (g) ofsection
14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract under subsection (a).

“(c) Retention of NEPA Responsibilities.—With respect to any watershed restoration and protection services on National Forest System lands proposed for performance by a State Forester under subsection (a), any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may not be delegated to the State Forester or any other officer or employee of the State.

“(d) Inclusion of BLM Lands.—The authority provided by this section shall also be available to the Secretary of the Interior with respect to public lands in a State administered by the Secretary through the Bureau of Land Management.

“(e) Expiration of Authority.—The authority of the Secretary of Agriculture and the Secretary of the Interior to enter into cooperative agreements and contracts under this section expires September 30, 2018, and the term of any cooperative agreement or contract entered into under this section shall not extend beyond that date.”

Watershed Agreements

Pub. L. 105–277, div. A, § 101(e) [title III, § 323], Oct. 21, 1998, 112 Stat. 2681–231, 2681–290, as amended, formerly set out as a note under this section, was transferred and is classified to section
1011a of this title.